The Wireless Telegraphy (Recognised Spectrum Access and Licence) (Spectrum Trading) Regulations 2009

Consent by OFCOM

8.  In determining whether or not to consent to a proposed transfer OFCOM shall take into account whether—

(a) the holder is, or the concurrent holders are, in breach of the terms of the grant of RSA or the licence under which the rights and obligations are to be transferred;

(b) the transferee is able to meet the terms, provisions and limitations of the grant of RSA or the licence which is to be granted as a result of the transfer;

(c) in the case of a transfer authorised by regulation 4 the transferor is able to meet the terms, provisions and limitations of the grant of RSA or the licence which is to be granted as a result of the transfer;

(d) the transferee is able to meet any criteria relating to the persons to whom a grant of RSA or a licence which rights and obligations are to be transferred may be granted; and

(e) it is requisite or expedient to refuse consent to the transfer–

(i) in the interests of national security;

(ii) for the purposes of complying with a Community obligation of the United Kingdom or with any international agreement or arrangements to which the United Kingdom is party; or

(iii) for the purposes of complying with a direction by the Secretary of State given to OFCOM under section 5 of the Communications Act 2003 or section 5 of the Wireless Telegraphy Act 2006.